Terms of Use

Effective Date: November 12, 2013

Welcome to the Kona.com website. The following terms and conditions (“Terms of Use”), apply only to your use of the Kona.com (www.kona.com) website, including any content, functionality and services offered on or through the Kona.com website (the “Site”). Kona is owned by Deltek, Inc. (“Deltek”) and its subsidiaries and affiliates. References to “Kona,” the “Kona Service,” “we,” “us” or “our” are to Deltek and the Kona.com website and related service that it offers. Other terms and conditions may apply if you are viewing other Deltek websites. Other terms and conditions may apply if you are accessing, viewing or using third party or partner templates or applications or if you download mobile applications or Software (as defined in Section 3 below). If you are a Kona Business user, the Kona Business terms will supersede any conflicting terms herein for purposes and use of Kona Business.

Please read these Terms of Use carefully before you start to use the Site. By confirming your registration to the Site, you accept and agree to abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you may not use the Site. If you are using the Kona Service on behalf of an organization, you are agreeing to these Terms of Use for that organization and representing to Deltek that you have the authority to bind that organization to these Terms of Use (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which case the terms of that contract will govern your use of the Site for purposes of the paid account. You may use the Kona Service only in compliance with these Terms of Use and only if you have the power to form a contract with Deltek and are not barred under any applicable laws from doing so.

If you need assistance with the Site please contact us at support@kona.com.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION IN SECTION 15 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS AGREEMENT.

Description of Site; Changes to Terms of Use and Site

The Site is an online service community that combines social media networking and project management to enhance personal and professional productivity. The Site is focused on helping individuals organize their lives, making project teams or groups of people with a common goal more effective, and enhancing internal business productivity. You may use the Site for your personal use and for business use in connection with internal business purposes in your organization, and as permitted by your company. Your use of the site is Subject to, and you agree to comply with these Terms of Use and the various terms available at http://aws.amazon.com/legal (“Incorporated Terms”) which are incorporated into these Terms of Use by reference.

We and our licensors may revise and update these Terms of Use and the Incorporated Terms from time to time in our sole discretion. The revised Terms of Use will take effect as of the date they are posted on the applicable Site. Your continued use of the Site following the posting of any revised Terms of Use or Incorporated Terms means that you accept and agree to the revised Terms of Use and Incorporated Terms. Please review the posted Terms of Use and Incorporated Terms on a regular basis.

We may update the Site from time to time, but its content is not necessarily complete or up-to-date. We may change the Site at any time with or without notice. We may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Registering for an Account; Accessing the Site; Account Security

To use the Site and/or register for an account via the Site, you represent and warrant that you are 18 years of age or older. If you are between the ages of 13 and 18, we may require that your account be set up for you by your parent or legal guardian. Once an account has been set up for you by your parent or legal guardian, you may use the Site. However, we reserve the right to restrict access to the Site in order to comply with any applicable privacy and social media statutes or accepted practices applicable to minors.

To access the Site and the resources it offers, you will be asked to provide information to register for an account on the Site. Any information you provide must be correct, current, and complete. You are responsible for making sure your contact and other information is updated in order to keep the information correct, current, and complete. Please see our Privacy Policy for more information regarding our collection, use, and disclosure of the information you provide via the Site.

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend any features we provide as part of the Site, including the Site in its entirety, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Site, including, but not limited to Internet access. You must comply with all applicable third party terms of agreement when using Kona, for example any agreement with an Internet provider or wireless service or data provider.

Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws. You also represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country, and also that you are not listed on an US Government list of prohibited or restricted parties.

Your password is designed to protect your account from unauthorized use. Kona representatives will never ask you for your password. Kona is not responsible for any lost, stolen, or otherwise disclosed passwords. You are responsible for keeping the confidentiality of your account information and password. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are entitled to act on instructions received via your account and shall not be liable for losses that are incurred through the use of your account by a third party.

Intellectual Property Rights; Trademarks

The entire contents of the Site (including all information, software, text, displays, images, video, and audio) and the design, selection, and arrangement thereof, are owned by Kona or its licensors and are protected by United States and international laws regarding patents, copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights. As between Deltek and you, Deltek or its licensors own and reserve all right, title and interest in and to the Site and all hardware, software and other items used to provide the Kona Service, other than the rights explicitly granted to you to use the Site in accordance with these Terms of Use. No title to or ownership of any proprietary rights related to the Site is transferred to you pursuant to these Terms of Use. We hereby reserve all rights not expressly granted in these Terms of Use.

To the extent we make available functionality that requires you to download a client software package (“Software”), Deltek hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Site and related services. Your license to use the Software is automatically revoked if you violate these Terms of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist or allow anyone else to do so. We may update the Software on your computer or other device automatically when a new version is available. Additional terms may be included and provided to you when the Software is made available to you for download. By using any Software to enable your use of the Kona Service, you are explicitly confirming your acceptance of the terms associated with the application provided at download or installation, or as may be updated from time to time.

Subject only to the limited right to use the content as expressly described herein, we claim no intellectual property rights over the content that you post or upload to the Kona website. You understand that content posted on the Kona website or otherwise provided to Kona in the delivery of the service may need to be accessed by Kona for the purpose of supporting or improving Kona. You agree that Kona may make your non-personally identifiable information available to other companies, organizations or individuals with whom Kona has relationships for the provision of advertising or other services, and to use such content in connection with the provision of those services. As an example, we may use an advertising network provider to help present advertisements through the Kona Service. Advertising network providers use cookies, web beacons, or similar technologies to collect non-personally identifiable data in order to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited.

You may not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any of the material on the Site or any Software or downloads provided to use Kona that does not otherwise belong to you without the prior written consent of Kona. You may not reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site or use of the Site or any services or materials available through the Site without obtaining a license to do so from Kona or its applicable licensor.

If you use any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site that does not otherwise belong to you is transferred to you, and all rights not expressly granted are reserved by Kona. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate patent, copyright, trademark, and other laws.

The Kona name, the Kona logo and all related names, logos, product and service names, designs, and slogans are trademarks of Deltek, Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Kona. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate Kona or a Kona employee, another user, or person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Kona or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

  • Use any robot, spider, or other automatic device, process, or means to access the Site.

  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Site.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Site.

Kona reserves the right, at any time, to deactivate or suspend your access if that use of the Site is found or reasonably suspected, in Kona’s judgment, to be a prohibited use. You also agree to comply with the Amazon Web Service™ Acceptable Use Policy available at http://aws.amazon.com/aup.

User Contributions; Reliance on Site Contents

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. (User Contributions do not include User Feedback, which is defined below in Section 6.)

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By your use of Kona, you acknowledge and agree that (1) the owner of a Kona space may choose to delete the space or add a space to a Kona Business account (see Section 19), and (2) as a consequence of a space becoming part of a Kona Business account, the space owners or a corporate account administrator may have access and other rights with respect to that space and its User Contributions, including the right to alter or delete User Contributions or the Kona space itself.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Kona and its affiliates the rights granted herein. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless Kona and its affiliates and licensors for any breach of any representation and warranty contained in these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Kona, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any content and/or opinions uploaded, expressed, or submitted to the Site, and all articles and responses to questions and other content, other than the content provided by Kona, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Kona. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.

User Feedback

In the course of using the Site, you may have suggestions, comments, or other feedback (collectively, “User Feedback”) related to the Kona.com website. You may post such User Feedback on the Kona.com website, or such User Feedback may be relayed to Deltek, Inc., either directly or indirectly, using other methods (e.g., email, phone conversation, memo, etc.). You understand and acknowledge that Deltek, Inc. owns all intellectual property rights (including rights in any patents, trademarks and copyrights) related to all of your User Feedback. You also understand and acknowledge that you should not share such User Feedback with any entity but Deltek, Inc. or other Kona.com website users.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right, threatens the personal safety of users of the Site and the public, or could create liability for Kona.

  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

  • Terminate your access to all or part of the Site for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS KONA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KONA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KONA OR LAW ENFORCEMENT AUTHORITIES.

However, we can neither review all material before it is posted on the Site (nor endeavor to review all such material) nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

You have the right to terminate your account with the Kona Service at any time. Upon termination of your account, your user account will be removed from the Kona website, your Kona content may be removed from the Kona website, and your content will not be available to you. Content you shared in Kona may still be viewable to users on the Kona Service. You also understand that removed content may persist in backup copies for a reasonable period of time. Deltek has no obligation to maintain or provide the content and may delete all content provided unless legally prohibited from doing so.

Content Standards

These content standards apply to any and all User Contributions and Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.

  • Give the impression that they emanate from us, if this is not the case.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Office of the General Counsel, Deltek, Inc., 2291 Wood Oak Drive, Herndon, VA 20171, USA or email to DMCA@Deltek.com.

Information About You and Your Visits to the Site; Privacy

We collect and use information about you in accordance with our Privacy Policy. By using the Site, you consent to such collection and use and you represent and warrant that all data provided by you is accurate. For more information regarding our collection, use, and disclosure of data, please review our Privacy Policy.

Linking to the Site; Links from the Site

You may link to the Site’s homepage provided you do so in a way that does not damage our reputation, but you may not establish a link in such a way as to suggest any form of association, approval, sponsorship, or endorsement between you and Kona. You may not establish a link from any site that is not owned by you. The Site may not be framed on any other site, and you may not create a link to any part of the Site other than the Site’s homepage. We reserve the right to withdraw linking permission without notice.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such other sites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER KONA NOR ANYONE ASSOCIATED WITH KONA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER KONA NOR ANYONE ASSOCIATED WITH KONA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

KONA AND ALL PARTIES ASSOCIATED WITH KONA HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL KONA, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Kona, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Dispute Resolution

  • Purpose. If you have a Dispute (as defined below) with us that cannot be resolved through an informal dispute resolution with Kona, you or Kona may elect to arbitrate that Dispute in accordance with the terms of this Dispute Resolution provision rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.

  • Definitions. The term “Dispute” means any dispute, claim, or controversy between you and Kona regarding any aspect of your relationship with Kona, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Dispute Resolution provision (with the exception of the enforceability of the class action waiver clause provided in this paragraph). “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Dispute Resolution provision, “Kona” means Deltek and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.

  • Right to Opt Out of Arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY KONA IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT BY EMAILING US AT MARKETING@KONA.COM, OR BY MAIL TO KONA, AT: KONA ARBITRATION OPT OUT, OFFICE OF THE GENERAL COUNSEL, DELTEK, INC., 2291 WOOD OAK DRIVE, HERNDON, VA 20171. YOUR WRITTEN NOTIFICATION TO KONA MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH KONA THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH KONA OR THE DELIVERY OF SERVICES TO YOU BY KONA. IF YOU HAVE PREVIOUSLY NOTIFIED KONA OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

  • Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or Kona elects to resolve your Dispute through arbitration pursuant to this Dispute Resolution provision, the party initiating the arbitration proceeding may initiate the arbitration proceeding with American Arbitration Association (“AAA”), 335 Madison Ave., Floor 10, New York, NY 10017-4605, 1-800-778-7879, www.adr.org under the Commercial Arbitration Rules of the AAA.

  • Arbitration Procedures. Because the Site provided to you by Kona concerns interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you receive the service from Kona may apply to and govern the substance of any Disputes. Any state statutes pertaining to arbitration shall not be applicable under this Dispute Resolution provision.

  • If there is a conflict between this Dispute Resolution provision and the rules of the arbitration organization chosen, this Dispute Resolution provision shall govern. If the arbitration organization that you select will not enforce this Dispute Resolution provision as written, it cannot serve as the arbitration organization to resolve your dispute with Kona. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Dispute Resolution provision as written. If there is a conflict between this Dispute Resolution provision and the rest of this Agreement, this Dispute Resolution provision shall govern.

  • A single arbitrator will resolve the Dispute. You should know that participating in arbitration may result in limited discovery depending on the rules of the arbitration organization that is chosen to resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

  • The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement.

    If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.

  • Restrictions: YOU MUST CONTACT US WITHIN ONE YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

    ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS SIMILARLY SITUATED UNLESS THE STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE.

    ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH KONA UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE.

  • Location of Arbitration. The arbitration will take place in Fairfax County in the Commonwealth of Virginia.

  • Payment of Arbitration Fees and Costs. KONA WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN KONA’S FAVOR, YOU SHALL REIMBURSE KONA FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE KONA FOR ANY OF THE FEES AND COSTS ADVANCED BY KONA. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, KONA WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.

  • Severability. If any clause within this Dispute Resolution provision (other than the class action waiver clause identified above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution provision, and the remainder of this Dispute Resolution provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Dispute Resolution provision will be unenforceable, and the dispute will be decided by a court.

    In the event this entire Dispute Resolution provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Dispute Resolution provision, you and Kona have each agreed to waive, to the fullest extent allowed by law, any trial by jury.

  • Exclusions from Arbitration. YOU AND KONA AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY KONA THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER CUSTOMER AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; AND (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF A SERVICE.

  • Continuation. This Dispute Resolution provision shall survive the termination of your customer relationship with Kona.

SPECIAL NOTE REGARDING ARBITRATION FOR WASHINGTON STATE CUSTOMERS: IF YOU ARE A KONA CUSTOMER IN WASHINGTON STATE, WE WILL NOT SEEK TO ENFORCE THE ARBITRATION PROVISION ABOVE UNLESS WE HAVE NOTIFIED YOU OTHERWISE.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Waiver and Severability

No waiver of these Terms of Use by Kona shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Kona to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Mobile Application Terms

Deltek may make certain mobile applications available to you. The use of mobile applications either alone or in connection with the Kona Service is governed by these Terms of Use. In addition, you must comply with all applicable third party terms of agreement when using the mobile applications (for example, any agreement with a wireless service or wireless data provider). You agree that these Terms of Use and the Privacy Policy are between you and Kona, and that even if you receive access to Kona through Apple, Inc.’s App Store or any other source (collectively, the “Distributor”) for use on a mobile device, the Distributor has no liability or responsibility whatsoever to you related to Kona, whether by contract, warranty or otherwise, and you will look only to Kona for any support for Kona. You may use the Kona mobile application on a product that you own or control and as permitted by the usage rules set forth by the Distributor. The Distributor is not responsible for addressing any claims of any sort related to Kona, and you must address any claims directly with Kona. The Distributor and its subsidiaries have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary hereof.

Kona Business Accounts

Organizations may sign up for a Kona Business account and allow Kona users to create spaces or convert existing Kona spaces to the Kona Business account. By your participation in and use of a Kona Business account, you acknowledge that the account administrator has control of and access to the content within a Kona Business account-designated spaces. In such event, you (1) agree to comply with your organization’s terms and policies; (2) acknowledge your organization’s ability to monitor, restrict or terminate your or other users’ access to content in the Kona Business account; and (3) acknowledge your organization’s ownership of the account and user content.

Entire Agreement

The Terms of Use and our Privacy Policy, and, to the extent applicable, the terms for any mobile application or Software download, and terms governing the use of Kona Business, constitute the sole and entire agreement between you and Kona with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

Your Comments and Concerns

This website is operated by Deltek, Inc., d/b/a Kona, located at 2291 Wood Oak Drive, Herndon VA 20171. All feedback, comments, requests for technical support, and other communications relating to the Site (other than copyright infringement claims, which should be sent to Kona as set forth in Section 9) should be directed to: support@kona.com. No questions or other feedback relating to Kona should be directed to the Distributor.

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